Preamble
Maravica di Viviana Gambera, with registered and administrative office in Catania, Via Galermo 74a - 95123 Catania, sole proprietorship, registration number in the Catania Business Register VAT no. 05427110878 (hereafter "MARAVICA" makes available to all users the opportunity to purchase products, and Services, including the Delivery Services through the website www.maravica.it (hereinafter "Site"), of which MARAVICA is its sole and exclusive owner.
The products for sale with the inscription "craftsmanship" are made strictly by hand by craftsmen and carefully selected by Maravica. Since these are not industrial products, the articles may have slight differences and slight differences that increase their value making them unique and exclusive pieces.
1. General and scope of application
1.1 These General Conditions apply to all sales made by Maravica on the Site.
These general conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree No. 70/2003 and smi) and apply exclusively to the distance sale via the web of the Products shown on the website www.maravica.it, where the "Buy online" button is present, and the Services as indicated in these General Conditions. In case of variations of the General Conditions, to the purchase order, as specified in the following articles 3 and 4 of these General Conditions (hereinafter "Purchase Order") will apply the General Conditions published on the Site at the time of sending the Order by the Customer.
1.2 The General Conditions may be modified at any time, except for the right of withdrawal by the user referred to in section 1.4 below. Any changes and / or new conditions will be effective from the moment of their publication in the "Conditions" section of the Site. To this end, we invite users to regularly access the Website and to check the publication of the most updated General Conditions.
1.3 The applicable General Conditions are those in force on the date of sending the purchase order.
1.4 In the event that the user does not intend to accept the changes to the General Conditions, he / she will be entitled to withdraw by giving notice by registered letter with acknowledgment of receipt or e-mail with 7 days notice.
1.5 The continued use of the Service after the deadline referred to in paragraph 1.4 constitutes manifestation of the willingness to accept the General Conditions.
1.6 These General Conditions do not regulate the sale of products and / or the provision of services by parties other than Maravica that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary that the user verify their terms of sale. Maravica is not responsible in any way for the provision of services and / or for the sale of products by such subjects. On websites that can be consulted through these links, Maravica does not carry out any monitoring and / or monitoring. Maravica is therefore not responsible for the contents of these sites nor for any errors or omissions and or violations of the law by the same.
2. Pre-contractual information
In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, Maravica informs the user that :. to conclude the contract of purchase of one or more products on the Site, the user must complete an order form in electronic format and transmit it to Maravica, electronically, following the instructions that will appear from time to time on the Site and which will accompany the different phases of the purchase; . the contract is concluded when Maravica records the order form, after checking the correctness of the data relating to the order and payment;
before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in data entry, following the instructions indicated on the Site from time to time and which will accompany the various phases of the purchase; once registered the order form, Maravica will send the user to the e-mail address indicated a confirmation e-mail containing a summary of the General Conditions, information on the characteristics of the product purchased, detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;
the order form will be stored in the Maravica database for the time necessary to process the order and, in any case, according to the law.
3. Terms and conditions of purchase
3.1 Offer to the public. The products and services with the relative prices as present on the site, constitute an offer to the public in accordance with the methods specified in the general conditions and on the site itself. The purchase contracts stipulated on the site and concerning the products and services (hereinafter "purchase contracts" or simply "contracts") are concluded with Maravica.
3.2 All prices shown on the Website are expressed in Euros (€) and are inclusive of VAT. The contribution to the costs of processing the order and delivery is explicitly indicated and includes VAT. This amount will be shown separately on the order form prior to submission and on the order confirmation e-mail.
3.3 The user will be charged the price of the product indicated on the Site at the time the order was sent by him.
3.4 The products will remain the property of Maravica until payment of the purchase price and costs by the user is made.
3.5 Maravica will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
3.6 Maravica reserves the right not to confirm orders from users with whom there are pending disputes or in the case provided for by art. 5.1.
3.7 Cancellation of Purchase Order
If the Customer wishes to cancel his Order, he / she can cancel it within 24 (twenty-four) hours from payment, without additional costs. In this case, Maravica will reimburse the Customer for the full amount paid by reimbursement on the same channel used for payment.
In case of cancellation of the Order after 24 hours, Maravica will reimburse the customer the amount paid reduced the delivery costs, using the same procedures as indicated above.
4. Availability
4.1 The products offered on the Site are limited or unique and can be sold at discounted prices. It may therefore happen that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be canceled. If the payment has already been made, Maravica will refund the sum paid by the user, including contributions to the costs of order fulfillment and shipping costs, immediately, and in any case within the period of thirty days from the day after sending the order. The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase or by bank transfer.
4.2 Maravica declines all responsibility for any delays in crediting, which depend on the bank or the type of credit card used for payment. In any case, the value date of the amount credited will be the same as the debit.
5. Shipping and delivery
5.1 Deliveries will be made to the postal address indicated by the user in the order form.
5.2 Shipping times: the shipment will be made on the working day following the order confirmation. All orders placed on Friday after 2:00 pm, Saturday and Sunday will be shipped the following Monday morning.
5.3 Couriers: For deliveries we rely on the following couriers: SGT, BRT, SDA, Poste Italiane. The times are indicated in working days (from Monday to Friday). Normally the delivery takes place in 2-3 working days and in any case no later than 5 days.
The courier does not allow delivery to Post Office Boxes and Fermo Posta.
We suggest placing a mobile number in the order in order to be contacted more easily by the courier.
5.4 Upon delivery of the products to the courier, an e-mail confirming the shipment and the shipment code will be sent to the user in order to be traceable. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.
5.5 In case of impediments to delivery due to force majeure, Maravica will contact you by e-mail to inform you of the delay in delivery times. Maravica can not be held responsible in any way for any delays due to acts of third parties or due to force majeure.
5.6 Delivery is considered completed when the product is made available to the user at the address specified in the order form.
5.7 In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The card will indicate the data that the user must use to contact the courier and to define an appointment for the second delivery attempt. After two unsuccessful delivery attempts, the parcel will be in storage and the Maravica Customer Service will contact the user in order to unlock the stock and ensure that delivery takes place as soon as possible. If this attempt is not successful, the purchased product will be sent back to Maravica. After thirty days from the date on which the product has been sent back to Maravica, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 c.c. Maravica will refund only 50% of the amount paid by the user. The termination of the contract and the amount of the reimbursement will be communicated to the user by e-mail. The refund amount will be credited to the payment method used by the user for the purchase. If, before the end of the thirty days, the user asks to receive the purchased product again, Maravica will proceed to the new delivery upon charge, in addition to the costs of the same, the costs of returning the product to Maravica and the costs of custody . It is up to the recipient to check the conditions of the product delivered.
5.8 In the event that the package shows evident signs of tampering or alteration, the user must mark it at the time of delivery by signing the appropriate Proof of Delivery (POD) document issued by the courier. In case of failure to report as indicated above, the customer can not claim against Maravica who is not responsible for failure to communicate via signature with reservation.
5.9 Shipping costs are charged to the customer and adequately highlighted and detailed in the purchase order and in the subsequent order confirmation. Except promotions highlighted on the site.
6. Payment
6.1 The payment of products purchased on the Website is carried out using the following methods:
PAYPAL
It allows you to pay using your credit / prepaid card or via your Paypal account (rechargeable via bank transfer or credit / prepaid card). Paypal does not involve any additional cost for the customer.
BANK TRANSFER
On Maravica it is possible to pay by bank transfer, the bank transfer is simple, safe and immediate. Once you have chosen the products and completed the cart you can proceed with the confirmation of your order, to pay by bank transfer select the payment method "BANK TRANSFER". At the time of payment, make sure you have the ABI code of your bank and all the data necessary for accessing your HomeBanking system.
Paying by bank transfer the order will be sent only after verifying that the amount has been credited to the Maravica account of Viviana Gambera
The bank details on which to make the transfer are:
MARAVICA OF GAMBERA VIVIANA
Banca Intesa San Paolo
Branch 00197 - Catania 01
Viale Regina Margherita 39
95123 CATANIA
IBAN IT 53R030 6916 9011 0000 0003 491
MARK
Payment is paid in cash to the courier. This payment method has an additional cost automatically updated in the cart.
6.2 For the issue of the invoice the customer must indicate tax code or VAT number.
6.3 In case of non-payment, Maravica will charge the costs related to the management of the user and will reject the relative purchase order, by communicating it by e-mail.
6.4 Maravica reserves the right not to accept, in its sole discretion, certain payment methods.
7. Withdrawal - Right of withdrawal
The Customer has the right to withdraw from the Purchase Contract (hereinafter "Right of Withdrawal") for any reason, without explanation and without any penalty, in the manner specified below.
7.1 Items returned as incorrect, damaged or defective
If the customer returns an item due to our mistake or because the item is damaged, defective or not what you ordered, and it was not possible to repair or replace it, we will refund the item cost, shipping costs incurred to receive it and those incurred to return the item itself.
Maravica will check all items that have been returned as damaged or defective. In the event that no defect is found, we reserve the right to charge the customer for shipping costs and the cost of the item itself.
7.2 Right of withdrawal within 14 days
If the customer exercises the right of withdrawal and returns the item within fourteen calendar days of delivery, he will be refunded both the cost of the item and the shipping costs incurred to receive it. The following guidelines will be applied to the refund:
- If you return an item that is part of a multiple order, you will be refunded shipping costs related to the single item returned.
- If you return an entire order, you will be refunded shipping costs related to the entire order.
The costs for returning the item to Maravica will not be reimbursed and will be charged to the customer.
Customized orders will not be refunded or replaced.
7.3 How returns and reimbursements are made
Refunds are made on the payment method used for the purchase. The costs and risks related to the return of the products are charged to the customer (the return is free, only in the case of defective or broken items, however always and not more than 14 days). The customer must include a copy of the order confirmation in the package.
MARAVICA, to facilitate the exercise of the right of withdrawal, provides its Consumers with a special form to be used for the communication of Withdrawal.
The notice of withdrawal must include a copy of the withdrawal form, downloadable and duly completed. The withdrawal can also be anticipated by e-mail at the email address [email protected]
The customer must also send, using a courier of his choice and at his own expense, within 14 days from the date of communication of the withdrawal, the products purchased at the following address:
MARAVICA Via Galermo 74a - 95123 Catania - Sicily - Italy
For all methods of withdrawal, the products must be returned intact and properly packaged, preferably in their original packaging, complete with any accessories. For any further information contact [email protected].
Pursuant to art. 57, paragraph II, of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from a handling of the same products other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, Maravica reserves the right to ask the user to recast the impairment loss noted.
For the exercise of the right of withdrawal it is not required that the goods to be returned be insured against theft and accidental damage by transport. However, since the risk inherent in the return of the goods weighs on the buyer, Maravica invites the buyer who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the e-mail order confirmation of purchase.
In accordance with the art. 56, paragraph III of the Consumer Code, only after the return of the product or only after verifying that the user has proceeded to return the goods, Maravica will proceed, as quickly as possible, to the user's refund.
The refund amount will be credited to the same payment method used for the purchase, unless otherwise agreed with the user. The value date of the amount reimbursed will be the same as the debit. The user's ability to adhere to current commercial offers remains unaffected.
In most cases, the reimbursement is credited in 5-7 working days from the moment in which the returned product has reached our Maravica logistics center via Galermo 74 a. It must be remembered that between the date on which the article is sent and the one in which we receive it at our returns center, it may take several days.
Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale concerns tailor-made or customized products or which by their nature can not be returned or are liable to deteriorate or expire rapidly, or sealed goods that do not they are liable to be returned for hygienic reasons or related to health protection and have been opened after delivery.
8. Guarantees and non-conformity of the products
8.1 The products offered on the Website comply with the national and community legislation in force in Italy.
8.2 The description of the products offered on the Site is the one that the suppliers, under their own responsibility, have communicated to Maravica. The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and / or tools used for their visualization.
8.3 All products sold on the Site are covered by the Legal Warranty of Conformity provided for in articles 1228-135 of the Consumer Code ("Legal Warranty"). The Legal Guarantee is reserved for consumers.
8.4 In case of lack of conformity of the purchased products compared to the description published on the Site, the user has the right to repair or replace the product, without any additional expense, where this is possible in relation to the number of copies still available for sale and unless the substitution or repair is not excessively burdensome for the seller in consideration of the value that the good would have, if there was not the lack of conformity, and of the entity of such defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
8.5 The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
8.6 Unless proven otherwise, it is presumed that conformity defects occurring within six months of delivery of the product already existed on that date, unless this is incompatible with the nature of the product or the nature of the lack of conformity. In order to take advantage of the legal guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
8.7 In the event of termination of the contract, Maravica will return the price paid by the user, in addition to shipping costs and any additional costs.
In case of price reduction, Maravica will refund the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase. The user must agree with Maravica Customer Service how to ship the goods.
8.8 Products that are repaired, modified or in any way altered by the user are excluded from the legal guarantee. Also excluded from the field of application of the Legal Guarantee any faults or malfunctions or other defects caused by accidental events or by the user's responsibility or by a use of the product that does not conform to its intended use and / or as provided in the documentation technique attached to the product, if any, or in the instructions for use relating thereto.
8.9 The conventional guarantees relating to the products sold are those supplied directly by the manufacturer.
8.10 In no case shall Maravica be held liable for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by chance and / or force majeure, including, purely example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
9. Obligations and responsibilities
9.1 Maravica undertakes to correct all errors in the description of the products offered on the Website, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting Maravica Customer Service at the addresses and numbers indicated in the introduction.
9.2 Maravica is not responsible in case of damages, of any kind, deriving from the installation and / or use of the product improperly and / or not in compliance with the instructions provided by the manufacturer and in case of damages deriving from unforeseeable circumstances or force majeure .
9.3 Maravica will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.
9.4 The responsibility of Maravica, in any case, can not be higher than the total value of the purchase order.
9.5 In no case shall Maravica be held liable for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions in the event that the non-fulfillment is caused by fortuitous event and / or force majeure, including purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
10. Suspension of the Service
10.1 Maravica reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the Services themselves.
10.2 Maravica may, at any time, interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, in this case giving notice to the user.
11. Contents of the Website and intellectual property rights.
11.1 The contents of Maravica, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including the menus, web pages, graphics, colors, diagrams, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and the software, are protected by copyright and all other intellectual property rights of Maravica and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Site is forbidden unless previously authorized in writing by Maravica. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes.
11.2 All other distinguishing marks that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by Maravica under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of distinctive signs above mentioned non-compliant with the law and, as unauthorized, is prohibited. It is not allowed in any way to use any distinctive sign on the Site to take unfair advantage of the distinctive character or the reputation of these or in such a way as to harm them and their owners.
11.3 In no case may the user alter, change, modify or adapt the Site, nor the material made available by Maravica.
12. Final provisions, applicable law and jurisdiction
12.1 The General Conditions are governed by Italian law.
For any controversy concerning the General Conditions the Court of Catania will have jurisdiction.